And then Sir Richard began. What would be the nature of Kenneby’s direct evidence the reader pretty well knows. Sir Richard took a long time in extracting it, for he was aware that it would be necessary to give his witness some confidence before he came to his main questions. Even to do this was difficult, for Kenneby would speak in a voice so low that nobody could hear him; and on the second occasion of the judge enjoining him to speak out, he nearly fainted. It is odd that it never occurs to judges that a witness who is naturally timid will be made more so by being scolded. When I hear a judge thus use his authority, I always wish that I had the power of forcing him to some very uncongenial employment—jumping in a sack, let us say; and then when he jumped poorly, as he certainly would, I would crack my whip and bid him go higher and higher. The more I so bade him, the more he would limp; and the world looking on, would pity him and execrate me. It is much the same thing when a witness is sternly told to speak louder.
But John Kenneby at last told his plain story. He remembered the day on which he had met old Usbech and Bridget Bolster and Lady Mason in Sir Joseph’s chamber. He had then witnessed a signature by Sir Joseph, and had only witnessed one on that day;—of that he was perfectly certain. He did not think that old Usbech had signed the deed in question, but on that matter he declined to swear positively. He remembered the former trial. He had not then been able to swear positively whether Usbech had or had not signed the deed. As far as he could remember, that was the point to which his cross-examination on that occasion had chiefly been directed. So much John Kenneby did at last say in language that was sufficiently plain.
And then Mr. Furnival arose. The reader is acquainted with the state of his mind on the subject of this trial. The enthusiasm on behalf of Lady Mason, which had been aroused by his belief in her innocence, by his old friendship, by his ancient adherence to her cause, and by his admiration for her beauty, had now greatly faded. It had faded much when he found himself obliged to call in such fellow-labourers as Chaffanbrass and Aram, and had all but perished when he learned from contact with them to regard her guilt as certain. But, nevertheless, now that he was there, the old fire returned to him. He had wished twenty times that he had been able to shake the matter from him and leave his old client in the hands of her new advisers. It would be better for her, he had said to himself. But on this day—on these three days—seeing that he had not shaken the matter off, he rose to his work as though he still loved her, as though all his mind was still intent on preserving that ill-gotten inheritance for her son. It may almost be doubted whether at moments during these three days he did not again persuade himself that she was an injured woman. Aram, as may be remembered, had felt misgivings as to Mr. Furnival’s powers for such cross-examination; but Chaffanbrass had never doubted it. He knew that Mr. Furnival could do as much as himself in that way; the difference being this—that Mr. Furnival could do something else besides.
“And now, Mr. Kenneby, I’ll ask you a few questions,” he said; and Kenneby turned round to him. The barrister spoke in a mild low voice, but his eye transfixed the poor fellow at once; and though Kenneby was told a dozen times to look at the jury and speak to the jury, he never was able to take his gaze away from Mr. Furnival’s face.
“You remember the old trial,” he said; and as he spoke he held in his hand what was known to be an account of that transaction. Then there arose a debate between him and Sir Richard, in which Chaffanbrass, and Graham, and Mr. Steelyard all took part, as to whether Kenneby might be examined as to his former examination; and on this point Graham pleaded very volubly, bringing up precedents without number—striving to do his duty to his client on a point with which his own conscience did not interfere. And at last it was ruled by the judge that this examination might go on;—whereupon both Sir Richard and Mr. Steelyard sat down as though they were perfectly satisfied. Kenneby, on being again asked, said that he did remember the old trial.
“It is necessary, you know, that the jury should hear you, and if you look at them and speak
